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NY I87879

October 31, 2002

CLA-2-21:RR:NC:2:228 I87879


TARIFF NO.: 2103.90.7400; 2103.90.7800; 2103.90.8000

Ms. Susan Legacy
La Cie McCormick Canada Co.
3340 Orlando Drive
Mississauga, Ontario L4V 1C7 Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a snack seasoning from Canada; Article 509

Dear Ms. Legacy:

In your letter dated October 22, 2002 you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

A sample, ingredients breakdown, and technical literature were submitted with your letter. The sample was examined and disposed of. Product no. 91888 – R0888 US Chili Seasoning is an orange-colored powder said to be composed of 20-30 percent salt, 10-15 percent each of chili pepper powder, paprika, maltodextrin, sugar, and MSG, 5-10 percent dextrose, 1-5 percent each of ground red pepper, caramel color powder, black pepper and onion powder, and one percent or less, each, of calcium silicate, paprika oleoresin, citric acid, vegetable oil, capsicum flavor, soluble turmeric, “oleo momb” flavoring, onion flavoring, and onion oleoresin. Seven of the ingredients used to make the seasoning are products of non-NAFTA countries. The onion powder is a product of Germany, the onion oleoresin is a product of the Netherlands, the ground red pepper, black pepper, soluble turmeric, and oleo momb are products of India, and the sugar may originate in any of 15 non-NAFTA countries. In Canada, the ingredients will be blended together in proper proportions, packaged and sold to producers who will apply it to the surface of potato chips.

The applicable subheading for the seasoning, when containing over 10 percent, by dry weight, of sugars derived from sugar cane or sugar beets, and if imported in quantities that fall within the limits described in additional U.S. note 4 to chapter 21, will be 2103.90.7400, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings described in additional U.S. note 3 to this chapter...described in additional U.S. note 4 to this chapter and entered pursuant to its provisions. The rate of duty will be 7.5 percent ad valorem . If the quantitative limits of additional U.S. note 4 to chapter 21 have been reached, the seasoning will be classified in subheading 2103.90.7800 HTS, and dutiable at the rate of 30.5 cents per kilogram plus 6.4 percent ad valorem.

The applicable tariff provision for the seasoning, when containing 10 percent or less, by dry weight, of sugars derived from sugar cane or sugar beets, will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasoningsotherother. The general rate of duty will be 6.4 percent ad valorem.

Each of the non-originating materials used to make the seasoning have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.7. The seasoning, when classified in subheadings 2103.90.7400 and 2103.90.8000, HTS, will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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